Halachos of Shmira

The Obligation

There is an obligation to ensure that someone is present with the meis (deceased) at all times from the moment of death until burial — including throughout Shabbos and Yomtov.¹

The Reasons

There are three reasons for this obligation:

1. Physical Protection – To prevent physical harm or desecration of the body, such as by rodents, mishandling or fire.²
2. Respect and Comfort – To show kavod (respect) to the body by not abandoning it like an empty vessel that no longer has any use.³ This brings comfort to the neshama, which remains connected and concerned with how its body is treated.
3. Spiritual Protection -To prevent mazikim (harmful spiritual forces) from entering  the body when the neshama departs and leaves a void of kedushah.⁴

Who It Applies To

• This obligation applies to all deceased individuals — men, women, and children.
• In the case of a neifel -—  miscarriage, stillbirth, or a child that passes away within 30 days of birth —  while the second and third reasons may not apply, shmira is still required if the first reason (physical protection) is relevant.⁵
• Even if the body is totally decomposed, shmira is still required for the bones.⁶

How It Is Done

If there is a concern of rodents

• The shomer must remain with the meis continuously. It is recommended to have two shomrim so that if one needs to step out, the other can cover.

If there is no concern of rodents (e.g., the meis is in a refrigeration unit or aron)

According to Rav Moshe Feinstein zt’l, the shomer need only be yotzei v’nichnas, which means:

• Being present with the meis periodically – practically, a few minutes every hour is the recommended standard.
  
• Maintaining an underlying awareness of his responsibility to return to the meis even while stepping out.⁷
  

Other poskim disagree and require the constant presence of a shomer even when there is no concern of rodents.⁸

• According to all opinions, if at all possible, the shomer should be awake for the duration of the shmira. Where that is not feasible, sleeping in the vicinity of the meis, or at least in the same building is still worthwhile, since the meis is not completely alone, and the shomer will be alerted in case of emergency.
• Being in the same room as the refrigeration unit, or at least in an adjacent area where the shomer can see the door of the unit, is considered “being present” with the meis.⁹
• It is important to note that contemporary shmira is primarily about kavod hameis. Just as there are infinite levels of kavod, there are infinite levels of shmira. For example, for a nifter that is a great Torah scholar, a minyan of people saying Tehillim near the meis continuously is often arranged.¹⁰
• Therefore, in each situation a shomer should make every effort to provide the highest level of kavod possible – being present with the meis and saying Tehillim as frequently as he can.

Who Can Be A Shomer

• A kohein may not serve as a shomer for a non-relative under any circumstance.
• A kohein may be a shomer for a first-degree relative, but it is preferable to find someone else.¹¹
• The minhag in most communities is that women do not serve as shomrim, even for a deceased woman.¹²
• It is preferable —  though not required— for a shomer Shabbos individual to serve as a shomer, especially for a meis who was shomer Shabbos.

Other Halachos of a Shomer

• When there is a concern of physical harm to the body, the shomer is exempt from all mitzvos due to the need for constant vigilance. Ideally, a second shomer should be arranged to allow time to perform those mitzvos.¹³
• If there is no concern of physical harm, per the psak of Rav Moshe Feinstein, zt’l, the shomer is obligated in all mitzvos.
• A shomer may be paid for his time.

Sensitivity to the Meis

• If one is within 4 amos (approximately 8 feet) of the meis, one may not:

1. Daven¹⁴
2. Make brachos¹⁵
3. Learn Torah¹⁶
4. Wear tefillin¹⁷ or tzitzis¹⁸ in a way that is visible
5. Eat or drink¹⁹
6. Smoke²⁰
7. Greet someone²¹
8. Speak unnecessarily²²

• According to many Poskim, these restrictions apply to anyone in the same room as the meis, even if the meis is more than 4 amos away.²³
• If the meis is in a refrigeration unit that is within another room, these restrictions apply to the outer room as well.
• The prevalent custom is to permit, and even encourage, Tehillim to be recited in the presence of the meis, as a zechus and a source of comfort to the neshama.²⁴ While reading a translation of the Tehillim is allowed, studying it is not.

1. Brachos 18a
2. ibid.
3. Rema YD 373:5, quoting the Terumas Hadeshen. See also Gesher Hachayim 5:4:4
4. Gesher Hachayim ibid. See also Chochmas Adam – Kuntrus Matzeves Moshe 14.
5. Gesher Hachayim 12:6:8
6. Beis Hillel on Shulchan Aruch YD 403:9
7. Igros Moshe YD 1:225
8. Chochmas Adam, Kuntrus Matzeves Moshe 4
9. Jewish Sacred Society of Chicago Regulations and Procedures, pg.19
10. Shu’t Sisri U’magini 41
11. Rema in YD 373:5
12. Shu’t Be’er Sarim 2:77
13. Shulchan Aruch YD 341:6
14. Shulchan Aruch OC 71:7
15. ibid.
16. Shulchan Aruch YD 344:16
18. Shulchan Aruch OC 45:1
19. ibid.
20. ibid.
21. Gesher Hachayim 5:4:2
22. Gesher Hachayim 5:4:1
23. Shach in YD 344:11. See Mishnah Berura 45:2
24. Gesher Hachayim 5:2:4